tv [untitled] July 27, 2010 6:33pm-7:03pm PST
time. the incident that took place was unfortunate, but the fact is the incidents did not arise out of an argument that began inside. this has been confirmed by the homicide investigators assigned to the case and by the captain of the bayview station. one of the things commissioner me go mentioned recently -- commissioner miko mentioned recently is the process be fair. i think the reason we are
concerned is that there have not been fairness. they have received no opportunity from the court to explain their side. there has been no effort to verify the allegations by the port, and in addition, the port has expressed publicly that the lease is somehow inadequate or small, when in fact, within weeks they recently spent over $20,000 to improve the structure of the sewage system, which was largely rotted out. i raise this issue with the understanding that this is not
something you are seeking, but i do believe the commission has a responsibility not just to regulate entertainment facilities, but in some extent, to foster them and protect them. in this case, what we have is a facility that is one of don't -- one of only women-run businesses in the port, that it is being run out. what in my asking you to do? what i am asking you to do is confirm the fact that i understand that the commission is not and does not seek closure, that the commission
does not believe closure is necessary or something required, and we have asked the commission to do that in writing publicly, and this is a particular facility that provides unique facilities, and they have been working to address the security issues. >> i have a couple questions. how many of these conditions do you already do?
state your name. >> i read through the list, and we do all of them, except we do not have the scanner. >> all of these are already part of your operational procedure? >> correct. >> you do know we cannot regulate the entertainment permit. we have no influence over the port, and we are not seeking a suspension. is that correct? >> correct.
otherwise, they will be wanting to use every possible venue to argue the case, but as a matter of policy you are not going to find this commission taking a vote to try to influence the decision being made by some other city body. it is important to see the permit only includes three conditions. when police issued this permit back in 1994, the assembly noted dancing for patrons can last until 2:00 a.m.
the maximum occupancy is maybe two patrons, and there is to be no public occupancy of the second floor. that is for bathroom use only. in terms of whether those are relevant to us, we recommend entertainment until only 1:30. we always defer to the fire department, sir talk to them, and public occupancy of the second floor. no occupancy of second-floor is certainly on the table. the main focus will be recommendation that the new recommendations from a few station. -- from dave ehud stations.
-- bayview stations. >> it sounds like a seven-day perspective. we have a variety of different perspectives from the one where we do a 72-hour and light of some public safety emergency where we feel the next 72 hours is a substantial risk to public safety. in this case, based on the police reports we were able to get and the report also from the health department, we used that based on the police reports indicating of homicide. i did not bring the actual
documents regarding public safety and criminal activity common -- activity, but the documents came from the police department as well as the health department, and they indicated enough information to impose a suspension, which we discussed with the venue of immediately following the incident and came to an agreement with respect to that action relative to the violence that had occurred the night before, so i understand the venue has some questions. it is entirely irrelevant to what we are doing.
i am not sure we can necessarily go backwards. >> i just wanted to clarify to understand. this is a measure that imposes a time out. it says there are very good reasons for people to cool off and consider future options but does not necessarily lead to a full-blown suspension hearing. we have to be clear that we could jeopardize our ability to sit as administrative judges. >> just to respond, i do have the documents with me.
to follow up on what the director indicated regarding the timeout, that is not something that has been tested. it is my understanding during the interim we were successful in presenting the plan. we are not intending to contest the position to issue that timeout for the propriety of that action. our main concern is the actions have been exploited by others, and we are here to make sure the record is clarified. >> got it. any other commissioners? >> i think it is important we
we discussed what happened. our biggest concern is there were two shootings that resulted in one person being shot, two people dead. in all instances, there were zero people -- there were people outside the club. i believe some of these instances could have been averted. >> i would like to ask you this. there are parking lots around there. is that right? >> they are the only ones
there, and at certain times the parking lot clears out, and they are only there for a little while for the most part. >> is a parking lot beyond 100 feet from the venue? >> it is directly in front of the building. they control about doing any type of the van. >> you are and not -- you are not expecting them to police an
area beyond 100 feet from the premise. or are you expecting them to do that? >> i am not expecting it at all. they actually hire officers to control the parking lot. this happens right after any vents -- any key event is ended. >> as long as you have been there, have they been a good citizen, or have they been a problem? >> no. except the shootings. >> one could say that would be a serious problem. i would like to explore a comment made by the attorney regarding the shooting and the
reports that came the of the press to everyone -- came from the press to everyone indicating the shooting was a direct result of the altercation, and it has been presented to us that is not upheld by the facts. >> they said the victim came in for a time. they claim it happened inside. i do not have any knowledge contrary to about at all. >> -- contrary to that at all.
>> do you have any knowledge as to whether the shooter was present in the building? >> i just want to say the facts remain closed until the investigation is complete. is that correct? >> yes. >> i withdraw the question. >> we need to take the most definitive and concerned action we can. i am exploring the limits. we are limited based on the ongoing investigation.
>> i think it is interesting to see the work you are trying to do and that you're not pursuing to deny the permit. that is it. i have been going several times a month. i never felt any danger. it is a really lively and avers crowd of dancers. i hope you can do anything you can. there is nothing in san francisco that is anything like jelly's. >> thank you very much.
>> thank you very much. please restate your name. >> my name is marie. i am an urban planner. i want to point out it is a community. you can help thumb find another place. i think they will really appreciate his. i have been going there a lot, pretty much every sunday. i leave my bags and no shoes. this unfortunate events, i have
never heard of anyone lose their money or bags or anything like that. i hope you can understand. >> thank you very much. >> good evening. i am the board director. i have been going there for many years, and let me tell you something. it is a wonderful family- oriented nightclub. we associate with people from all backgrounds, and also, there
it is the mindset of people. you cannot control that. only god can do that. it is as small business. it is disappointing, but it gives people jobs. i want to thank you for inviting me to speak tonight, and please, do the right thing. >> thank you a very much. isabel. >> commissioners, thank you for giving me an opportunity to speak on behalf of the community.
i work with san francisco car nevada. -- carnivale. i just want to speak to that in that capacity. they have been a wonderful supporter of community the events. she has given us an opportunity to have many fund raisers for community projects for kids to study music. i can anticipate her position as an employer. it is an opportunity to continue and to thrive. as people are pushed out, they
find that more or more become wider. -- whiter. it has become all home for people who enjoy music and has given us an opportunity to educate on the wonderful diversity of immigrants, and we have something beautiful to share, particularly at the time when there is an anti-immigrant backlash. it has been a wonderful place for many years, and i sincerely hope there is some positive press that comes out of this horrible event, but you can see there is a lot of love and appreciation. >> thank you. sarah.
>> i am a homeowner across the street. i am here to say we are very concerned about the incident, and we hope the commission takes serious security measures that can be put in place. of we are the only resident in the immediate vicinity, and we want to make sure it grows up in that space. >> thank you. jake jacobs. >> my name is jay jacobs. i am a